NOT LOOKING GOOD: Court Denies Discovery Stay in Suit Suggesting Texts Messages Are Calls For TCPA DNC Purposes

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The start of 2026 is not looking great for the argument that text messages aren’t calls for the TCPA’s DNC rules.

Removing the rust from the holidays you all may recall 3 courts have held SMS messages are not covered by the DNC protections of 227(c) but the last 5 cases in a row have come out otherwise– driven mostly by #biglaw firms trying to raise the argument and losing.

Well in Reisman v. Gen Digital 2026 WL 60370 (D. Az. Jan. 8, 2026) the court has not yet ruled on the issue but it denied a motion to stay discovery in a manner suggestive that it disagrees with the defendant’s argument.

In Reisman the defendant allegedly made illegal SMS messages without consent in violation of the DNC rules. The defendant filed a motion for judgment arguing “the private right of action created in the TCPA in section 227(c)(5) does not apply to text messages, and because Plaintiff’s claims are based on receipt of text messages, those claims fail.” It asked the court to stay discovery pending the outcome of that motion.

The court denied the motion to stay because it was not “convinced” that Defendant’s arguments will result in the dismissal of Plaintiff’s claims and therefore “efficiency and judicial economy will be best served by the parties’ participation in the discovery process.”

Ruh roh.

So not a final ruling but a pretty clear indication where this one is headed.

Will keep an eye on it!

Also do you have a copy of the 2026 Troutman Amin, LLP TCPA Annual Review, presented by Contact Center Compliance yet?

Its free– just ask for it!

Chat soon.

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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